Defending Against Unjust Orders of Protection

 Posted on June 17, 2024 in Criminal Defense

Orders of protection, also known as restraining orders, are designed to protect individuals from harassment, abuse, or stalking. However, in some cases, these orders may be issued unjustly, causing significant disruption to the lives of those accused. If you face an unjust order of protection, an Illinois lawyer can help you understand your rights and take immediate action to defend yourself.

What You Should Know About Orders of Protection in Illinois

In Illinois, orders of protection are court-issued mandates that prohibit an individual from engaging in certain behaviors, such as contacting or coming within a specified distance of the protected person. These orders can be filed in civil or criminal court and may be granted on an emergency, interim, or plenary basis, depending on the circumstances.

Orders of protection are important for protecting someone from abuse, but they can also be exploited by individuals seeking an advantage in domestic disputes or to harass and manipulate others.

Consequences of an Unjust Order of Protection

Being served with an unjust order of protection can have severe consequences on various aspects of your life. Some of the potential ramifications include:

• Restriction of your freedom of movement and ability to access certain locations

• Damage to your reputation and standing in the community

• Interference with your employment and housing opportunities

• Limitation or loss of child custody or visitation rights

• Potential criminal charges if you are accused of violating the order

Can You Challenge an Unjust Order of Protection?

If you believe that an order of protection has been issued against you unjustly, you have the right to challenge it in court. The first step is to seek the guidance of an attorney who specializes in orders of protection cases. Your attorney can help you navigate the legal process and develop a strong defense strategy. To contest an unjust order of protection, your attorney may:

• Gather evidence to demonstrate that the allegations against you are false or exaggerated

• Challenge the credibility of the accuser and any witnesses

• Present evidence of your good character and law-abiding behavior

• Argue that the order is being used as a tool for harassment or manipulation

You should act quickly when challenging an order of protection, as there are strict deadlines for filing objections and requesting a hearing.

How to Put Together Strong Evidence for Your Case

When challenging the of protection order, you should gather compelling evidence to support your claim. Your attorney can help you identify and collect the necessary evidence to build a strong defense. This may include witness statements from individuals who can attest to your character or provide insight into the situation, communication records such as text messages or emails that demonstrate the true nature of your relationship with the accuser, or photos and videos that support your case.

By working closely with your attorney and providing them with all relevant evidence, you can strengthen your case and increase your chances of successfully challenging an unjust order of protection. Your lawyer will guide you through the process of gathering and presenting this evidence in a compelling manner to support your defense.

Contact a Will County, IL Criminal Defense Lawyer

If you are facing an unjust order of protection in Illinois, do not hesitate to seek legal help. The consequences of an order of protection can be far-reaching and long-lasting, impacting your personal and professional life. By working with a Grundy County, IL criminal defense attorney, you can take proactive steps to defend your rights and protect your future. Call Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to begin with a free consultation.